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It is quite a statement of disquiet for a high court judge to award punitive costs against a plaintiff and when Judge Roland Sutherland did so on Monday, he struck a blow not only for due legal process but also for press freedom.
In reversing an earlier court decision which barred the amaBhungane investigative unit from using documents leaked from companies associated with politically connected businessman Zunaid Moti, Sutherland said:
“The elephant in this case is not press freedom or a violation of privacy. Rather, it is a most egregious abuse of the process of court.”
He ordered that Moti pay costs for amaBhungane and also those of other public interest groups involved in the case.
The original action was brought without the involvement of amaBhungane and, in the judge’s view, could be considered a Slapp (Strategic Lawsuit Against Public Participation), a tactic by the well-heeled to silence investigative journalists and activists.
Sutherland’s judgment also reinforced the precedent that a journalist could not be forced to hand over information or documents which could compromise a source.
It is vitally important that, at this juncture in our history, the media be given the freedom to continue to expose the wrongdoing which is destroying our country.
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